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Marine Insurance Act 1745 : ウィキペディア英語版 | Marine Insurance Act 1745 The Marine Insurance Act 1745 (19 Geo. 2 c.37) was an Act of Parliament of the Parliament of Great Britain. The Act has been described as "the first significant statutory intervention in substantive marine insurance law". ==Background==
The purpose of the Act was to put an end to the practice of wagering disguised as insurance upon marine vessels.〔 Persons who had no commercial interest in a marine cargo would take out a policy of insurance in the marine form, essentially gambling upon whether or not the ship would safely arrive at its destination. Concern was expressed that, apart from general policies against gambling, this also created a positive incentive for certain parties to overload ships and ensure that they were dispatched in risky condition. Accordingly, the Act introduced into English law for the first time the requirement of an "insurable interest" in the subject matter of a policy of insurance. This requirement was later replicated for life insurance in the Life Assurance Act 1774. Neither statute sought to define an insurable interest, and it was not until the decision of the courts in ''Lucena v Craufurd''〔(1806) 2 Bos & PNR 269〕 in 1806 that an insurable interest was first defined as "A right in the property, or a right derivable out of some contract about the property, which in either case may be lost upon some contingency affecting the possession or enjoyment of the party."〔at 321.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Marine Insurance Act 1745」の詳細全文を読む
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